IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000443
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests her periods of inactive service and annual training be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states her DD Form 214 shows only her period of advance individual training (AIT) and not her monthly drills or two-week periods of annual training for six years.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve (USAR) on 27 July 1987.
3. She entered initial active duty for training (IADT) on 28 June 1988, completed training, and was awarded the military occupational specialty 71L (Administrative Specialist).
4. On 10 September 1988, she was released from active duty and returned to her USAR Troop Program Unit (TPU).
5. The applicant was honorably discharged from the USAR Control Group (Annual Training) effective 30 October 1992, and from the USAR Control Group (Reinforcement) effective 1 August 1995.
6. The available records contain no evidence of any Federal active duty except her IADT.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states that Reserve Component personnel will be issued a DD Form 214 for:
* 90 days or more of continuous active duty
* IADT of less than 90 days that results in the award of a military occupational specialty
* Full-Time National Guard Duty (FTNGD)
* active duty for special work (ADSW)
* temporary tours of active duty (TTAD)
* Active Guard Reserve (AGR) service
* if mobilized to perform Federal service
DISCUSSION AND CONCLUSIONS:
1. The only period of Federal service, that meets the requirements for inclusion on a DD Form 214, was the applicant's IADT.
2. While the applicant honorably served as a member of the USAR, her periods of inactive service and two-week annual training occurred after the creation of the 1988 DD Form 214. Therefore, it would not be proper to add it to the existing DD Form 214.
3. The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130000443
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ABCMR Record of Proceedings (cont) AR20130000443
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